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what are my rights in applying for the state to take over an

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existing order through family law?...
what are my rights in applying for the state to take over an existing order through family law?
Submitted: 5 years ago.Category: Family Law
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Answered in 31 minutes by:
6/1/2012
Family Lawyer: LawHelpNow, Attorney/Lawyer replied 5 years ago
LawHelpNow
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Hello and thanks for choosing Just Answer®:

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Many thanks for your prompt rating of my answer to your first question and for the honor of directing this second question to my person attention!

QUESTION: "what are my rights in applying for the state to take over an existing order through family law?"

ANSWER: You do have a right to make such a request. More specifically, way back in 1975 the federal government enacted legislation requiring each state to implement a child support enforcement program. In your jurisdiction, the North Carolina Child Support Enforcement program is administered by the state Department of Health and Human Services, Division of, but there is also funding and other overlap provided by the federal U.S. Office of Child Support. Unfortunately, just as with a defendant accused of a crime, the language concerning specific "rights" primarily pertains to the obligor (parent ordered to pay) rather than the obligee (you in this case). In all candor, this often amounts to the "right" to either wait on Child Support Enforcement )CSE) or retain family law counsel, I am very sorry to say.

I truly hope all works out for you. After you rate my answer (look for smiley faces and/or stars plus possibly a green "Submit" button), our conversation need not end. I would be happy to continue our dialog, without further charge, until you are fully satisfied. I promise to check back periodically for any updated posts from you each time I return to this online venue.
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Customer reply replied 5 years ago
when it comes to how much child support to pay, in my case his income is off the charts....in 2009 he made around $320,000 a yr. (was with him for 20 yrs) :(

Is it true that it is then based on a percentage for example 18% to determine how much child support should be awarded?

Someone who isn't an attorney told me it's a Federal law the 18% and she is already a part of child support enforcement.
Family Lawyer: LawHelpNow, Attorney/Lawyer replied 5 years ago

Hello again,

Thanks for writing back -- good to hear from you.

You are quite welcome -- my pleasure to be of some service!

I will be glad to comment further -- please see below.

Kindly just let me know if you are having any problem with submitting your rating (acceptance) of my answer. I would be glad to help out if so or ask our support team for assistance if needed. I mention this only because I have seen some confusion and the last thing I want is to see you encounter any frustration.

QUESTION: "Is it true that it is then based on a percentage for example 18% to determine how much child support should be awarded?"

ANSWER: It goes along these lines. By statute, the Conference of Chief District Court Judges is charged with the job of devising the North Carolina Child Support Guidelines. But, for the high amounts such as you have described, it goes off the chart, so to speak, somewhat analogous to making so much money that you use the Alternative Minimum Tax as opposed to the regular Tax Tables when filing with the Internal Revenue Service. More specifically, this is triggered at $25,000 per month ($300,000 per year), so your situation just exceeds that threshold, meaning it is indeed a "non-guidelines case". Since the guidelines schedule does not apply, the law literally directs that the award be made in conforming with the "first sentence" of N.C.G.S. § 50‑13.4(c): "Payments ordered for the support of a minor child shall be in such amount as to meet the reasonable needs of the child for health, education, and maintenance, having due regard to the estates, earnings, conditions, accustomed standard of living of the child and the parties, the child care and homemaker contributions of each party, and other facts of the particular case." So, the botXXXXX XXXXXne answer is no percentages but rather this statutory laundry list of factors. On the plus side, this leaves a lot of discretion for a large award. On the down side, however, it is obviously more "wishy washy" than providing a firm percentage or dollar amount.

Take care and thanks again for choosing JustAnswer®!

Join thousands of satisfied customers by adding me to your bookmarks/favorites: LawInfoNow. Just type your future question in the text box to direct it to my personal attention.

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